CMJuilland

You seem a little overwhelmed and confused, and I don’t blame you. Here is what people have been trying to tell you: 
U.S. citizens petitioning for minor children or step children (minor = under 21 here) don’t have to wait for a visa number to become available. That is why it will be faster for the twins to be issued their visas if you as a USC file. You don’t have to do it, but if you want the kids to be able to move to the U.S. sooner, you filing is the way to go.  Since you haven’t filed for them before, your filing would be an additional one, not a refile. Within your family, it might seem like it, but as far as USCIS is concerned, those are two separate filings per child. Terminology can be very important when dealing with USCIS (which can be a hassle anyway, so it’s best not to add to said hassle with terminology issues).  Since the twins are two individuals, you need to file two separate petitions (two I-130s, one per child). The issue there is always that one might get processed slightly faster than the other (we see the same thing and question when people file for both of their parents), but the difference in time (if there is one) is usually so marginal that it’s not an issue for them to interview together. Approved petitions are valid for some time.  Currently, USCIS processing times are listed for between 13 and 14.5 months, depending on what service center it will go to, in the IR2 category (U.S. citizen filing for minor children - step children count here) vs. 32 to 36.5 months for the F2A category (permanent resident filing for spouse or minor children). However, even if USCIS approved your husband’s petition earlier than what is projected, a visa could only be issued after the priority date becomes current (which you can look up in the visa bulletin). In contrast, your petition can go straight to the embassy or consulate, and the twins can apply for an immigrant visa right away because there are no quota for immediate relatives of U.S. citizens. 
Please don’t take this as lecturing, patronizing, or as condescension. I just remember how overwhelming the process can seem and wanted to spell it out for you as clearly as possible. 
Best of luck to all of you! 
 

You seem a little overwhelmed and confused, and I don’t blame you. Here is what people have been trying to tell you: 
U.S. citizens petitioning for minor children or step children (minor = under 21 here) don’t have to wait for a visa number to become available. That is why it will be faster for the twins to be issued their visas if you as a USC file. You don’t have to do it, but if you want the kids to be able to move to the U.S. sooner, you filing is the way to go.  Since you haven’t filed for them before, your filing would be an additional one, not a refile. Within your family, it might seem like it, but as far as USCIS is concerned, those are two separate filings per child. Terminology can be very important when dealing with USCIS (which can be a hassle anyway, so it’s best not to add to said hassle with terminology issues).  Since the twins are two individuals, you need to file two separate petitions (two I-130s, one per child). The issue there is always that one might get processed slightly faster than the other (we see the same thing and question when people file for both of their parents), but the difference in time (if there is one) is usually so marginal that it’s not an issue for them to interview together. Approved petitions are valid for some time.  Currently, USCIS processing times are listed for between 13 and 14.5 months, depending on what service center it will go to, in the IR2 category (U.S. citizen filing for minor children - step children count here) vs. 32 to 36.5 months for the F2A category (permanent resident filing for spouse or minor children). However, even if USCIS approved your husband’s petition earlier than what is projected, a visa could only be issued after the priority date becomes current (which you can look up in the visa bulletin). In contrast, your petition can go straight to the embassy or consulate, and the twins can apply for an immigrant visa right away because there are no quota for immediate relatives of U.S. citizens. 
Please don’t take this as lecturing, patronizing, or as condescension. I just remember how overwhelming the process can seem and wanted to spell it out for you as clearly as possible. 
Best of luck to all of you! 
 

You seem a little overwhelmed and confused, and I don’t blame you. Here is what people have been trying to tell you: 
U.S. citizens petitioning for minor children or step children (minor = under 21 here) don’t have to wait for a visa number to become available. That is why it will be faster for the twins to be issued their visas if you as a USC file. You don’t have to do it, but if you want the kids to be able to move to the U.S. sooner, you filing is the way to go.  Since you haven’t filed for them before, your filing would be an additional one, not a refile. Within your family, it might seem like it, but as far as USCIS is concerned, those are two separate filings per child. Terminology can be very important when dealing with USCIS (which can be a hassle anyway, so it’s best not to add to said hassle with terminology issues).  Since the twins are two individuals, you need to file two separate petitions (two I-130s, one per child). The issue there is always that one might get processed slightly faster than the other (we see the same thing and question when people file for both of their parents), but the difference in time (if there is one) is usually so marginal that it’s not an issue for them to interview together. Approved petitions are valid for some time.  Currently, USCIS processing times are listed for between 13 and 14.5 months, depending on what service center it will go to, in the IR2 category (U.S. citizen filing for minor children - step children count here) vs. 32 to 36.5 months for the F2A category (permanent resident filing for spouse or minor children). However, even if USCIS approved your husband’s petition earlier than what is projected, a visa could only be issued after the priority date becomes current (which you can look up in the visa bulletin). In contrast, your petition can go straight to the embassy or consulate, and the twins can apply for an immigrant visa right away because there are no quota for immediate relatives of U.S. citizens. 
Please don’t take this as lecturing, patronizing, or as condescension. I just remember how overwhelming the process can seem and wanted to spell it out for you as clearly as possible. 
Best of luck to all of you! 
 

It's traditional (if not, it should be) to begin each new VAWA thread with a joke for a good laugh.  Fortunately, it's also Sunday, so here is our combination Official VAWA-Thread Joke #2 and New-VAWA-Thread Joke:
=============================================
PLAIN ENGLISH
 
A man went to see his family doctor.  The man told his doctor that he wasn't able to do all the things around the house that he used to do.
 
When the examination was complete, the man said, "Now, Doc -- I can take it.  Tell me in plain English what is wrong with me."
 
"Well, in plain English," the doctor replied, "you're just lazy."
 
"Great to know!" said the man.  "Now give me the medical term so I can tell my wife."
 

There's a reason - you want your case approved and without delays for RFEs, NOIDs, stokes interviews etc.
 
Theoretically you only need evidence for I-485, I-131, I-765 and not for I-129F. But I'd reprove everything, wouldn't mind spending time and money to print that all again. You'd probably make all the money back in few hours of work.

I'm sharing my DCF (Direct Consular Filing) experience in hope that it comes in handy for others, and to help simplify this often less-discussed path for obtaining permanent residence for a foreign spouse in the US. I know how tough and stressful this journey can be, and I'm super grateful that we were able to pull this off so quickly.   About Us: I’m a US citizen, and my Romanian spouse and I were in Romania when we made the decision to initiate the DCF process under exceptional circumstances. Despite having accepted a job offer in the US, a job offer letter was not listed among the required documents for this process, as you will see in the document checklist below.   Our Timeline: August 7th, 2023: Sent an email to US embassy in Bucharest explaining our situation and requesting DCF. We initially sent the email to the incorrect address (posted on their website) but eventually called them to get the correct email address. So make sure you have the right one. Here’s a draft of my email in case it helps someone else get an idea of what to write:
“Dear Consular Officer,   I hope this email finds you well. My name is [name], an American citizen currently residing in Romania with my spouse. I wish to return to the United States and have my spouse accompany me. I am reaching out to explain our situation and kindly request the opportunity to file our Direct Consular Filing (DCF) documents at the U.S. Embassy in Bucharest.   To provide some context, I initially arrived here because [fill out your reason] on a temporary [type of visa] visa in [year]. Throughout my time here, my relationship with my now spouse blossomed, and we have been together since [year]. We decided to take the next step in our journey and officially married on [date].   I am excited to share that I have received a fantastic job offer from a well-known U.S. company, with a start date scheduled for [date]. Given the time-sensitive nature of this opportunity, I kindly request your assistance in arranging an appointment at the U.S. Embassy in Bucharest to submit our completed documents. We are flexible and available at your convenience, having prepared all the necessary forms and collected the required documents for the application, including forms I-130 and I-130A.   I appreciate your attention to this matter and sincerely hope for a positive response. We eagerly await your reply.   Kind regards, [name] [phone number]”   August 8th, 2023: Received a response from the embassy, approving our DCF request. We were instructed to appear at the embassy on August 14th to present the following documents: Form I-130, Petition for Alien Relative, completed and signed by me. Form I-130A, Supplemental Information for a Spouse Beneficiary Two photos for each of us. My U.S. passport. Spouse's passport. Spouse’s birth certificate. Our marriage certificate. Proof of the termination of any prior marriages (if applicable). Evidence of our relationship; For evidence, I put together a photo album with around 40 pictures that pretty much told our story from the beginning to now. They seemed to really appreciate it. We also included joint bank account statements, proof of our shared public health insurance, and evidence that we're living at the same address. The $535.00 fee, payable in cash or by credit card at the Consular Section (in U.S. or Romanian currency).   August 14th, 2023: Made it to the interview at the embassy. The staff were very kind and helpful. The consular officer reviewed our documents, let us know that everything’s looking good, and informed us that we'd receive an official email soon with instructions to complete DS-260 online and the next steps.   August 18th, 2023: Received the official email, it included instructions and provided my spouse's case number, which was necessary to complete the DS-260 form. It also explained the process for the medical examination. We were required to follow these steps before scheduling the final interview: Complete the DS-260 form. Undergo the required medical examination. Prepare the following documents to bring to the final interview: Spouse’s valid passport. Spouse’s two photos. Spouse’s original birth certificate. The original marriage certificate. Proof of termination of prior marriages (if applicable). Police certificates from spouse’s country of nationality and any other countries where they had lived for more than one year. A medical examination. Affidavit of support (Form I-864 or Form I-864EZ) filled out and signed by me; I did not work at the time, so we used my spouse's foreign income for financial support, which was going to continue in the States. Many wonder if this is doable, and it absolutely is, as long as the spouse's income is set to continue in the States and exceeds three times the 125% poverty guidelines. (Check out USCIS’s Instructions for Affidavit of Support for more information). Copy of my most recent Federal Income Tax Return; I didn't have recent tax returns since I hadn't filed for the most recent year. So, I wrote an affidavit letter explaining my situation, and they were perfectly fine with it. A fee of $325.00 payable only at the consular cashier on the day of the visa appointment, in cash or by card (in U.S. or Romanian currency).   September 7th, 2023: We sent an email to the embassy, confirming that we had all the necessary documents ready (obtaining my spouse's police certificates took longer than anticipated due to technical issues). The embassy then emailed us back with the date and time for the final interview, which was scheduled for September 18th.   September 18th, 2023: We showed up at the embassy, the security personnel were quite rude this time around, which I didn't appreciate. But on the bright side, the rest of the staff at the embassy were helpful and friendly. They checked our documents, took my spouse's fingerprints, and provided us with the awesome news that we were fully approved. They kept spouse's passport and offered us clear instructions on arranging passport delivery. Regarding the Affidavit of support: I’d like to mention that although they initially expected the financial support for the I-864 to come from US sponsor(s), they were perfectly fine with me sponsoring my spouse using our household income from spouse’s work that was going to continue in the states.   September 18th, 2023: We completed the passport delivery process online as soon as we got home. As a side note, although it wasn't explicitly mentioned to us before, it's advisable to complete the online passport delivery process in advance of the final interview. (though I don’t believe it mattered after all, we still received the passport back pretty quickly).   September 20th, 2023: We received spouse's passport containing the visa in the mail, along with a sealed packet that is meant to be presented to an immigration officer upon our arrival in the US, unopened.   That's it! I hope this post can serve as a reference point for others considering this process.   I also wanted to point out that as I was doing my research, I've noticed some folks on immigration forums making the DCF process sound like a real challenge. While I understand that different people have different circumstances and experiences, I’m also here to tell you that it's not all that scary, and you can definitely do it! Especially if your case is as straightforward as ours. Everything went super smoothly for us, and for that I’m forever grateful. I wish this option wasn't limited to people with exceptional circumstances. It truly pains me to think that some couples and families have to be apart or wait for years to get this process wrapped up. It's just not fair.   Total time from the initial email to passport delivery: Approx. 42 days.

My advice to the OP:  Get a good attorney, divorce, and encourage her to seek US citizenship as soon as she is eligible. 

For GE, they have been trying to implement machines with full facial recognition for a while. They’re great when they work as you don’t have to scan docs, but there are still enough cases when they don’t. I have been abroad three times this year, and the first time, it was a huge mess. IAD had the new machines, but every single person was sent for “human inspection” because the machines didn’t work properly. The second time, also at IAD, it was only every 5th or so person, and I was (luckily) not one of them. The third time, in Montréal, it was a breeze and took only 10 seconds. 
Now, that doesn’t answer the actual question of it being possible with an extension letter. In theory, it should work though as people waiting for RoC are permanent residents and should be listed as such in the database used for GE. I hope somebody with an expired GC and an extension letter will try and report soon. 

IMHO you need mental bandwidth to deal with N-400 and immigration. If you're not ready, I would hold off. Just an opinion. For N-400 you need to learn civics questions, for example. That requires mental bandwidth.

I’m not a frequent poster, but I appreciate quite a few members here a lot: 
@Mike E - I learn a lot from you. Thank you for sharing your wisdom. 
@SalishSea - to the point and in a “no BS” kinda way. Love the sarcasm, too. 
@Rocio0010 - congrats on your recent citizenship! You have educated many here on F1 and J1 myths
@Dashinka - always super nice and helpful, even when people are being stupid 
@TBoneTX - thanks for the countless laughs in some threats and the reminders/advice in others
@mindthegap - your patience with U.S. immigration is amazing. I’m rooting for you and regularly check in to see if your case has finally moved. 
 
I’m sure I’m forgetting some members. Great community here. Stay awesome. 

Sorry to hear what you are going through, I hope you keep yourself safe.  Yes, I would withdraw the application and then re-apply under the 5 year rule.  You can do that by sending a written withdrawal request to the address on the interview NOA, or you can request a withdrawal at the interview when the IO calls you back.  Personally, it is it not too much of an inconvenience to go to the interview, I would do it then as the IO should give you a receipt notice then.
 
Good Luck!

Wow… Honest to God (and probably TMI): this made me cry, even though I don’t even know what he looked like. His family and mine were on very similar timelines and trajectories for our respective visas, and I very much appreciated his contributions and help, especially at the time… 

We, too, are in the “no, we don’t miss USCIS” boat. In fact, whenever we drive remotely past our field office (we both do on a regular basis), we heave a sigh of relief. No more worries about missing one of their letters, no more frantically checking in online, no more concerns about scheduling trips abroad because they happen to fall with yet another adjustment of USCIS’s timelines. No more worries that, should my wife have an opportunity to work abroad for a few years, we would have to go back to long distance for a while, and so on and so forth. And unlike others (shout out to @TBoneTX and @JeanneAdil - I feel for you with all the money and time lost), we didn’t even have a complicated or super-long case. 

We, too, are in the “no, we don’t miss USCIS” boat. In fact, whenever we drive remotely past our field office (we both do on a regular basis), we heave a sigh of relief. No more worries about missing one of their letters, no more frantically checking in online, no more concerns about scheduling trips abroad because they happen to fall with yet another adjustment of USCIS’s timelines. No more worries that, should my wife have an opportunity to work abroad for a few years, we would have to go back to long distance for a while, and so on and so forth. And unlike others (shout out to @TBoneTX and @JeanneAdil - I feel for you with all the money and time lost), we didn’t even have a complicated or super-long case. 

We, too, are in the “no, we don’t miss USCIS” boat. In fact, whenever we drive remotely past our field office (we both do on a regular basis), we heave a sigh of relief. No more worries about missing one of their letters, no more frantically checking in online, no more concerns about scheduling trips abroad because they happen to fall with yet another adjustment of USCIS’s timelines. No more worries that, should my wife have an opportunity to work abroad for a few years, we would have to go back to long distance for a while, and so on and so forth. And unlike others (shout out to @TBoneTX and @JeanneAdil - I feel for you with all the money and time lost), we didn’t even have a complicated or super-long case. 

We, too, are in the “no, we don’t miss USCIS” boat. In fact, whenever we drive remotely past our field office (we both do on a regular basis), we heave a sigh of relief. No more worries about missing one of their letters, no more frantically checking in online, no more concerns about scheduling trips abroad because they happen to fall with yet another adjustment of USCIS’s timelines. No more worries that, should my wife have an opportunity to work abroad for a few years, we would have to go back to long distance for a while, and so on and so forth. And unlike others (shout out to @TBoneTX and @JeanneAdil - I feel for you with all the money and time lost), we didn’t even have a complicated or super-long case. 

I’m not a frequent poster, but I appreciate quite a few members here a lot: 
@Mike E - I learn a lot from you. Thank you for sharing your wisdom. 
@SalishSea - to the point and in a “no BS” kinda way. Love the sarcasm, too. 
@Rocio0010 - congrats on your recent citizenship! You have educated many here on F1 and J1 myths
@Dashinka - always super nice and helpful, even when people are being stupid 
@TBoneTX - thanks for the countless laughs in some threats and the reminders/advice in others
@mindthegap - your patience with U.S. immigration is amazing. I’m rooting for you and regularly check in to see if your case has finally moved. 
 
I’m sure I’m forgetting some members. Great community here. Stay awesome. 

Wow… Honest to God (and probably TMI): this made me cry, even though I don’t even know what he looked like. His family and mine were on very similar timelines and trajectories for our respective visas, and I very much appreciated his contributions and help, especially at the time… 

I’m not a frequent poster, but I appreciate quite a few members here a lot: 
@Mike E - I learn a lot from you. Thank you for sharing your wisdom. 
@SalishSea - to the point and in a “no BS” kinda way. Love the sarcasm, too. 
@Rocio0010 - congrats on your recent citizenship! You have educated many here on F1 and J1 myths
@Dashinka - always super nice and helpful, even when people are being stupid 
@TBoneTX - thanks for the countless laughs in some threats and the reminders/advice in others
@mindthegap - your patience with U.S. immigration is amazing. I’m rooting for you and regularly check in to see if your case has finally moved. 
 
I’m sure I’m forgetting some members. Great community here. Stay awesome. 

Wow… Honest to God (and probably TMI): this made me cry, even though I don’t even know what he looked like. His family and mine were on very similar timelines and trajectories for our respective visas, and I very much appreciated his contributions and help, especially at the time… 

I’m not a frequent poster, but I appreciate quite a few members here a lot: 
@Mike E - I learn a lot from you. Thank you for sharing your wisdom. 
@SalishSea - to the point and in a “no BS” kinda way. Love the sarcasm, too. 
@Rocio0010 - congrats on your recent citizenship! You have educated many here on F1 and J1 myths
@Dashinka - always super nice and helpful, even when people are being stupid 
@TBoneTX - thanks for the countless laughs in some threats and the reminders/advice in others
@mindthegap - your patience with U.S. immigration is amazing. I’m rooting for you and regularly check in to see if your case has finally moved. 
 
I’m sure I’m forgetting some members. Great community here. Stay awesome. 

I’m not a frequent poster, but I appreciate quite a few members here a lot: 
@Mike E - I learn a lot from you. Thank you for sharing your wisdom. 
@SalishSea - to the point and in a “no BS” kinda way. Love the sarcasm, too. 
@Rocio0010 - congrats on your recent citizenship! You have educated many here on F1 and J1 myths
@Dashinka - always super nice and helpful, even when people are being stupid 
@TBoneTX - thanks for the countless laughs in some threats and the reminders/advice in others
@mindthegap - your patience with U.S. immigration is amazing. I’m rooting for you and regularly check in to see if your case has finally moved. 
 
I’m sure I’m forgetting some members. Great community here. Stay awesome. 

Wow… Honest to God (and probably TMI): this made me cry, even though I don’t even know what he looked like. His family and mine were on very similar timelines and trajectories for our respective visas, and I very much appreciated his contributions and help, especially at the time… 

I’m not a frequent poster, but I appreciate quite a few members here a lot: 
@Mike E - I learn a lot from you. Thank you for sharing your wisdom. 
@SalishSea - to the point and in a “no BS” kinda way. Love the sarcasm, too. 
@Rocio0010 - congrats on your recent citizenship! You have educated many here on F1 and J1 myths
@Dashinka - always super nice and helpful, even when people are being stupid 
@TBoneTX - thanks for the countless laughs in some threats and the reminders/advice in others
@mindthegap - your patience with U.S. immigration is amazing. I’m rooting for you and regularly check in to see if your case has finally moved. 
 
I’m sure I’m forgetting some members. Great community here. Stay awesome. 

Wow… Honest to God (and probably TMI): this made me cry, even though I don’t even know what he looked like. His family and mine were on very similar timelines and trajectories for our respective visas, and I very much appreciated his contributions and help, especially at the time…